Notification No.54/2019 [F.No.503/02/2008-FTD-II] / SO 2562(E)

MINISTRY OF FINANCE

(Department of Revenue)

(INCOME TAX)

NOTIFICATION

New Delhi, the 17th July, 2019

S.O. 2562(E).—Whereas, the Protocol, amending the Agreement between the Government of the Republic of India and the Government of the People’s Republic of China for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income which was signed at New Delhi, India on 18th July, 1994, has been signed at New Delhi on 26th November, 2018, as set out in the annexure appended to this notification (hereinafter referred to as the said amending Protocol);

And whereas, the date of entry into force of the said amending Protocol is the 5th day of June, 2019, being the thirtieth day after the later of the notifications of the completion of the procedures required by the respective laws for the entry into force of the said amending Protocol in accordance with paragraph 2 of Article 13 of the said amending Protocol;

And whereas, sub-paragraph (b) of paragraph 3 of Article 13 of the said amending Protocol provides that the provisions of the said amending Protocol shall have effect in India in respect of income derived in any fiscal year beginning on or after the first day of April following the calendar year in which this Protocol enters into force;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of the said amending Protocol, as annexed hereto, shall have effect in the Union of India.

ANNEXURE PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND THE PROTOCOL THERETO SIGNED AT NEW DELHI ON 18TH JULY, 1994

The Government of the Republic of India and the Government of the People’s Republic of China, Desiring to amend the Agreement between the Government of the Republic of India and the Government of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereto signed at New Delhi on 18th July, 1994 (hereinafter referred to as “the Agreement”),

Have agreed as follows:

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